20050447 Ver 1_Complete File_20050308

"

Michael F. Easley, Governor

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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek. P.E. Director
Division of Water Quality

April 5, 2005

DWQ Project # 05-0447
Yancey County

Michele Lawhern, County Manager
Yancey County
Room 11, Courthouse
Burnsville, NC 29714

Subject Property: South Toe River EWP 2004-41

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mrs. Lawhern:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 5,500 feet of streams for the purpose of
streambank stabilization at the subject properties, as described within your application
received by the N.C. Division of Water Quality (DWQ) on January 19, 2005. After
reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3376 (3376). The Certification(s) allows you to
use Nationwide Permit(s) 37 when issued by the US Army Corps of Engineers
(USACE). In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application shall expire upon expiration of the 404
or CAMA Permit.

This approval is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

N~'iThCaro1ina
Natufaltu

401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh. North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh. North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet htto:/Ih2oenr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

yancey County: f'
Page 2 of6
April 5, 2005:

1. Impacts Approved

The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated VVetland Permit) are met.
No other impacts are approved including incidental impacts:

Stream

Plan Location or Reference

South Toe River

2. Erosion & Sediment Control Practices

Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:

a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.

3. No Waste, Spoil, Solids, or Fill of Any Kind

No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.

11

Yancey County:
Page 3 of6
April 5,2005:

,"

4. No Sediment & Erosion Control Measures wIn Wetlands or Waters

Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.

5. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.

6. Construction in this creek and disturbance within a 25-foot trout buffer should be
avoided during the January 1 to April 15 rainbow trout spawning period to avoid
adverse effects of sediment on eggs and larvae. However, Wildlife Resources
Commission will not object to construction of Natural Resources Conservation
Service "urgent and compelling" sites during the spawning period provided these
projects are, to the extent appropriate and practical, constructed by: (1) using flow
diversion structures such as sand bags, (2) placing large-sized rock toes and filter
cloth backing for stabilization sites before backfilling, and (3) excavating new
channel alignments in dry areas. Construction at the other non-"urgent and
compelling" sites should not occur during the spawning period to minimize the
potential adverse effects of multiple construction activities on trout resources in this
creek.

7. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas. Matting should be secured in place with staples,
stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall
fescue should not be used in riparian areas. In addition. because of an anticipated
difficulty in establishing ground cover during the winter, reseeding should be
conducted, as necessary, in the spring-time with a native annual and perennial seed
mix with a temporary nursery crop of wheat, millet or other grain.

Yancey County: l'
Page 4 of6
April 5, 2005:

8. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
vanes should be constructed wherever appropriate on bank stabilization and
channel realignment stream reaches to improve channel stability and to improve
aquatic habitat. Root wads should be installed low enough in the bank so that a
significant portion (at least one-third) the root wad is inundated during normal flows.

9. The channel should be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the stream
channel under authorization of this permit except, if necessary, in the immediate
vicinity of the eroding banks for the explicit purpose of anchoring stabilizing or
flow/grade control structures or for reestablishing the natural and more stable stream
channel dimensions. Stream bed materials are unstable in flowing-water situations
and are unsuitable for bank stabilization. In stream dredging has catastrophic effects
on aquatic life and disturbance of the natural form of the stream channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the
stream upstream and downstream of the permitted area should not be modified by
widening the stream channel or changing its depth.

10. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms should not be permitted
because they block the floodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.

11. Repairs to eroded banks should be conducted in a dry work area where possible.
Sandbags or other clean diversion structures should be used where possible to
minimize excavation in flowing water. Channel realignments should be constructed
by excavating the new channel from downstream to upstream before connecting it to
the old channel.

12. Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.

13. Disturbed stream banks and a 25-foot vegetated zone, or the widest width that is
practical under the site conditions, should be restored where possible along the
construction sites to natural riparian conditions with native trees and shrubs (e.g.,
silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) to provide long-term bank stability and stream shading. Note,
silky dogwood, silky willow and black willow can be planted as live stakes collected
during the dormant growing season. Cuttings should be randomly planted on four
(4) foot centers from the waters edge to the top of the bank. Trees should be planted
on ten (10) to twelve (12) foot centers. Stream banks in these areas should also be
seeded with a native annual and perennial seed mix with a temporary nursery crop
of wheat, millet or other grain.

,

< a.u"cy \..uumy:
Page 5 of6
April 5, 2005:

14.lf pasture along the stream is to be used for grazing, a fence must be constructed
outside of the riparian zone and the stream to prevent livestock from entering these
areas.

15. Diffuse Flow

All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.

16. Riparian Zone Replanting

Replanting of vegetation within disturbed areas located within 30 feet of the
streambank associated with any land disturbing activity, repair, replacement
and/or maintenance must be done in a manner consistant with the Guidelines
for Riparian Buffer Restoration immediately following construction. (Please
see attached.)

45. Deed Notifications

Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective woody riparian zones in order to
assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization
Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of
the sample deed notification may be modified as appropriate to suit to this
project.

17. Turbidity Standard

The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 28. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.

18. No Sediment and Erosion Control Measures in Wetlands

Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of land
Resources or locally delegated program has released the project.

[dlll:C::Y \"'oumy: ,
Page 6 of6
April 5, 2005:

Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.

If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail SeNice Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.

This letter completes the review of the Division of Water Quality under S~ction 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.

fi)tL-Alan W. Klimek, P.E.

AWKlkhb

Enclosures: GC 3376
Certificate of Completion
Guidelines for Riparian Buffer Restoration

cc: USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files

Filename: 05-0447 .EWP .South T oeRiver.Approval

. 401 Approval Letters

Subject: 401 Approval Letters
From: Laurie Dennison <[e-mail]>
Date: Fri, 15 Apr 200508:55:05 -0400
To: Kevin Barnett <Kevin.Barnett@ncmai}.net>

Kevin:

I'm in need of the follow 401 Approval letters to close out exisiting files on this
end. Please mail or fax copies for the following DWQ Project #'s.

Thanks in advance. ...Laurie Dennison

05-0349
05-0396
05-0418
05-0445
05-0446
1/05-0447
05-0448
05-0451
05-0452
05-0470
05-0485

1 of 1

Blue Waters Mountain Lodge
Yancey County polecate Branch
Mitchell County Cane Creek
Ayles Creek EWP
Cattail Creek EWP L ~ f} ,u" d - ~-'I o~ \.S--\ \21 \05
South Toe River EWP NO ~pn) "."..--v-o-
Robert Reed
Paul Wickham
Haynes Rogers
Tony Johnson
Philip Bowman

4/15/2005 8:55 AM

MEMORANDUM

TO:

John Dorney
Non-Dischar!

al Contact:
)upervisor:
Date:

Barnett. Kevin
Forrp.~t Wp.~trlll

SUBJECT: WETLAND 51

cLb~ U{)d.

INS

Facility Name South Toe Rive
Project Number 05 0447
Recvd From APP
Received Date 3/8/05
Project Type Stream bank st:

County Yancey
County2
Region Asheville

Ovu-)~ D-9 Dr 0 L
J..;k.

Certificates

Permit Wetland Wetland WetL
Type Type Impact Score

Index Prim. Supp.

Acres
Basin Req.

Feet
Req.

_...__.1.

I 37 I Stream IOY @N I 17-2-52-(30. rc-l TR 140,306. I I 5,900.00
I I joy ON I I 1<1 I I I ~

MitiQation
Mitigation Type

Wetland
Type Acres

Feet

r

Is Wetland Rating Sheet Attached? 0 Y @ N Did you request more info? 0 Y @ N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y @ N
Is Mitigation required? 0 Y @ N Recommendation: 0 Issue @ Issue/Cond 0 Deny

Provided by Region: Latitude (ddmmss) 355230 Longitude (ddmmss) 821142

Comments:
Issued 04/05/05 - ARC - KHB

cc:

Regional Office
Central Office

Page Number 1

Facility Name South Toe River EWP Site 2004-41

County Yancey

Project Number 05

0447

Regional Contact: Barnett, Kevin
Date:

Comments (continued from page 1):

cc:

Regional Office
Central Office

Page Number 2

Triage Check List

Date: 3/14/05 Project Name: South Toe River EWP 2004-41
DWQ#: 05-0447
Kevin Barnett, Asheville Regional Office County: Yancey

To: 60-day Processing Time: 3/8/05 to 5/6/05

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From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.

D Stream length impacted
D Stream determination
D Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
D Pond fill
D Mitigation Ratios
Ditching
D Are the stream and or wetland mitigation sites available and viable?
D Check drawings for accuracy
D Is the application consistent with pre-application meetings?
Cumulative impact concern
D
D
o

Comments: As per our discussion regarding revision ofthe triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!

ALTAMON,T ENVIRONMENTAL, INC.

March 3, 2005

50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.altamontenvironmental.com O'S 0 4 47

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MAR 0 8 2005

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Ms. Cyndi Caroly
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

OENR. WA~ QUALITY
WETIJ.NDS AND STORMWATER BRANCH

Subject:

(0

Yancey County EWP Project Pre-Construction Notification Application for Cattail Creek
EWP 2004-04, Ayles Creek (recovery) EWP 2004-28, and outh Toe River (recovery)
EWP 2004-41 J @ 3

Dear Ms. Caroly:

Enclosed are six copies of the Cattail Creek, Ayles Creek, and South Toe River EWP exigency sites
2004-04,2004-28, and 2004-41 applications for Section 404 nationwide permit 37, and corresponding
DWQ 401 water quality certification. Exigency and recovery ~ork applied for in this permit includes
streambank stabilization. Mr. Ryman has signed the application as an authorized agent for Yancey
County. A letter of authorization is included. Additionally, we have sent one copy of the enclosed
permit application directly to Mr. Kevin Barnett in the Swannanoa office, Mr. Brian Cole in the
Asheville U.S. Fish and Wildlife Service office, and Mr. Dave McHenry in the Waynesville N.C.
Wildlife Resources Commission office.

Altamont appreciates your assistance with this application. If you would like additional information,
please contact the undersigned.

Enclosures:

PCN - Cattail Creek EWP 2004-04
PCN - Ayles Creek EWP 2004-28
PCN - South Toe River EWP 2004-41
Letter of Authorization

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Sincerely,

Stuart A. Ryman, P.G.

CC:

Michele Lawhem - Yancey County Manager (transmittal letter only)
Cliff Vinson - District Conservation Officer NRCS (transmittal letter only)

P:\ Yancey-EWP\Correspondence\DWQ permit cover letter-Caroly-DSE 4,28,41.doc

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MAR 0 8 Z005

Office Use Only:

Form Version May 2002

050441

USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/ A".)

I. Processing

I .

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1. Check all of the approval(s) requested for this project:
~ Section 404 Permit 0
Section 10 Permit 0
~ 401 Water Quality Certification

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Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Permit Number(s) Requested:

Nationwide 37

3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: 0

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: 0

5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: 0

II. Applicant Information

1. Owner/Applicant Information
Name: Michele Lawhern, Yancey County Manager
Mailing Address: Room 11, Courthouse
Burnsville, NC 29714

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must
be attached if the Agent has signatory authority for the owner/applicant.)
Name: Stuart A. Ryman
Company Affiliation: Altamont Environmental, Inc.
Mailing Address: 50 College Street
Asheville, NC 28801
Telephone Number: [phone] Fax Number:[phone]
E-mail Address:[e-mail]

Page 1 of 11

III. Project Information
'lo
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.

1. Name ofproject:

South Toe River EWP Site 2004-41

2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A

3. Property Identification Number (Tax PIN): See attached Table 1

4. Location
County: Yancey County Nearest Town: Micaville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):

Follow Highway 19E East through Burnsville. Turn right on Highway 80 south. After passing
through Micaville, turn left on Blue Rock Road (gas station and convenience store at the corner).
Follow Blue Rock Road to the bridge across the South Toe River. This bridge is the upstream
end of the project area. The project site continues downstreamfor approximately 5,900feet. See
attached Figure 1. Access to the project area can be obtained by turning left immediately after
crossing the bridge. After passing several residences, the road enters the Toe River
Campground. The project extendsfor the length of the campground.

5. Site coordinates, if available (UTM or Lat/Long): 35052'30" N/820 11' 42" W (approximate
center of project area). Project is linear but follows the same waterbody, which is the South Toe
River. (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists
the coordinates for each crossing of a distinct waterbody.)

6. Property size (acres): Multiple - See attached Table 1

7. Nearest body of water (stream/river/sound/oceanllake): South Toe River

8. River Basin: French Broad

Page 2 of 11

(Note - this must be one of North Carolina's seventeen designated major river basins. The River
Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project at
the time of this application:

The proposed project site consists of some residential uses, but is primarily comprised of a
campground containing camping areas, community facilities and recreation areas. The stream
banks were heavily impacted during Tropical Storms Frances and Ivan. The stream bank is
littered with excessive woody and extensive non-native debris, which, if suspended during
another high flow event, could clog downstream bridges or culverts, and direct channel flows
into vulnerable stream banks. Stream bank erosion on the right bank threatens the stability of
community facilities in the campground The South Toe at this location is classified as B, TR,
and ORW. Disturbed acreage will be less than one acre, but greater than 100 feet per 1000 feet,
therefore a Trout Variance will be required from Land Resources, but a formal approved
Erosion and Sediment Control Plan will not be required

10. Describe the overall project in detail, including the type of equipment to be used:

All work will be performed as per conversations between Altamont Environmental, US Army
Corps of Engineers, NC Wildlife Resources Commission, and on-site consultation with the US
Fish and Wildlife Service personnel on other EWP sites in this watershed Work will include:
stream bank stabilization above the normal water line in several areas, described below; non-
native and excessive woody debris removal from both banks for the length of the project;
excessive rocky debris removal from the right bankfor the length of the project Equipment used
to accomplish the above tasks include: rubber tired skidders, 15 ton dump truck, hydraulic track
mounted excavator with thumb, and chainsaws.

Stream Bank Stabi&Ption
Stream bank stabilization is needed on only approximately 240 feet of banks within this long
(5900 linear feet) project area. Stabilization is required at three locations (see Figure 2):
. Stabilization area A, the most severe of the three, is located in parcel Map ID #19, near
the upstream end of the campground This area includes a large bank blowout and
approximately 150 feet of unstable stream bank (see photo in Figure 4), threatening
several of the permanent structures in the camp.
. Stabilization area B includes approximately 40 feet of unstable bank on parcel Map ID
#6 threatening campsite number 61 (see photo in Figure 4)
. Stabilization area C is located on the left side of the river on parcel Map ID #19, where a
section of eroded bank approximately 50 feet in length is threatening a driveway to a
private residence (see photo in Figure 5).

For stabilization areas A and C, large (four to five foot diameter) angular rock will be used to
stabilize the toe of the bank. A schematic of the restored cross-section and proposed stream
stabilization measures for area A is shown in Figure 3. The cross section in area C is similar.
Two to three tiers of rock will be used, as needed The area behind the boulders will be
baclifilled with rocky debris material excavated from the floodplain or imported material, and

Page3 of 11

topsoil will be placed on the top of the reconstructed bank to aid in the establishment of
vegetation. Project will be seeded with grasses upon completion of heavy equipment work With
landowners' permission, live stakes and bare root stock native trees and shrubs will be planted
on top of the bank stabilization work All bank stabilization work in area C and most of the work
in area A will occur in the dry above the normal water surface level. All work will be performed
from the riverbank, and equipment will not tread in the water. Sand bags will be used to deflect
high water flow away from the work area. Standard erosion and sedimentation control
measures will be utilized throughout the project.

At stabilization area B, rock is unnecessary. Workingfrom the floodplain, loose material will be
removed and the bank will be reshaped to a stable angle and planted in native woody vegetation.
All work will be carried out in the dry above the normal water level.

The work addressed in this application is intended to improve the post flood hydraulic capacity
of the stream reaches discussed and stabilize severely eroded stream banks that are threatening
structures on other property. The proposed actions are not intended to enhance existing
conditions or restore the stream reaches using natural channel design techniques. Such
activities would require detailed engineering evaluation and design, which are beyond the intent
of the EWP program.

Removal of Organic Debris
There is little woody debris in the channel within the project area. Virtually all debris removal
will involve material deposited on the floodplain. Debris removal will occur for the length of the
project site on both sides of the river, although steep valley slopes and access issues are likely to
severely limit work on the left bank Most debris is located on the right bank and floodplain,
located largely within the Toe River Campground. Woody debris and nonnative debris,
including the remains of campground facilities and equipment destroyed by the storms, is
extensive in this area.

The applicant recognizes that some woody debris in the riparian zone is a necessary component
of habitat integrity and will strive only to remove non-native objects and those debris elements
considered an immediate or impending threat to life and structures. Contractors performing
debris removal tasks will be instructed to access debris on both sides of the river from the bank
on which the debris is located. Contractors will be instructed specifically to keep heavy
equipment out of the river channel. In some circumstances, it is likely that chainsaw operators
or heavy equipment support personnel may need to get in the river to cut or help free debris jams
being removed. In addition, large debris being pulled from the riverbank may result in some
riverbank scour. The applicant will instruct contractors performing the work to refrain from
cutting any live vegetation unless it is leaning toward the river at more than a 30 degree angle
and the river is entrenched or the river bank is unstable at that point. Debris removed will be
hauled off site or chipped and disposed of in the flood plain. In cases where it is determined that
large woody debris can be utilized in current or projectedfuture bank stabilization work, such as
in log veins or as root wads, these articles may be stored on site out of the floodway upon
landowner permission. All areas disturbed due to debris removal and equipment access will be
reshaped and reseeded. Access to the channel will be perpendicular to the channel. Precaution

Page 4 of II

will be taken to protect mast production and stream canopy trees. Dead trees that provide den
habitat and are determined to pose no hazard to the channel shall be protected.

Renwval of Rocky Debris
Substantial rocky debris (gravel, cobble and sand) has also been deposited on the right
floodplain on parcels #18 and #19 (Map ID), while depressions in the floodplain have been
scoured out in other areas. Where extensive deposition of rocky debris has occwred on the floodplain,
the excessive debris will either be removed, or distributed across impacted portions of the site by regrading.
This work will be carried out only on the right bank, and will be carried out entirely in the dry above the
normal water level.

11. Explain the purpose of the proposed work.

The work being described is recovery work under the Emergency Watershed Protection program
to protect existing property and structures. Streambank stabilization will also prevent further
erosion and sedimentation to the South Toe River resource.

IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A

v. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A

VI. Proposed Impacts to Waters of the United StateslWaters ofthe State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream

Page 5 of 11

mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.

1. Provide a written description of the proposed impacts:

Proposed impacts include stream bank stabilization and debris removal. These impacts should
be minor due to the limited scope of stream bank stabilization, the avoidance of in-channel
debris removal, and due to precautions undertaken to keep heavy equipment out of the stream
channel. As discussed, all work will be conducted in the dry. Sediment and erosion control
measures, including sand bags, silt fences and reseeding, will be utilized to minimize
sedimentation.

The applicant recognizes the natural resource significance of the South Toe River, which is
designated Critical Habitat for the federally endangered Appalachian elktoe mussel, and
designated as Outstanding Resource Waters by the State of North Carolina. Upon
consultation with the US Fish and Wildlife Service, Altamont understands that additional
federally listed plant and aquatic species may occupy nearby sites in the South Toe River
watershed.

2. Individually list wetland impacts below: There will be no wetlands impacted at this site.

Wetland Impact Area of Located within Distance to
Site Number Type ofImpact* Impact 100-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fiU,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwaterlsaltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).

*

List the total acreage (estimated) of all existing wetlands on the property: None
Total area of wetland impact proposed: N/A

3. Individually list all intermittent and perennial stream impacts below:

Stream hnpact Length of Average Width of Perennial or
Site Number Type ofhnpact* hnpact (linear Stream Name** Intennittent?
(indicate on map) feet) Stream Before hnpact (please specify)

Page 6 of 11

EWP 2004-41; Stream bank stabilization 240 South Toe River 80 Perennial
2 Parcels:
Map ID #19 and Map ID
#6
EWP 2004-41; Rocky floodplain debris 2360 South Toe River 80 Perennial
2 Parcels: removal
Map ID #18 and Map ID
#19
EWP 2004-41 Woody debris removal 5900 South Toe River 80 Perennial
entire length of project

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
WWW.USgS.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone,com.
www.mapquest.com. etc.).

*

Cumulative impacts (linear distance in feet) to all streams on site:

approximately 5,900

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:

There will be no impacts to open waters.

Open Water Impact Area of Name of Water body Type of Waterbody
Site Number Type ofImpact* Impact (lake, pond, estuary, sound,
(indicate on map) (acres) (if app licab Ie) bay, ocean, etc.)

*

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.

5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should be
described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): D uplands D stream D wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-
down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A

Page 7 of 11

Size of watershed draining to pond: N/A

Expected pond surface area: N/A

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.

Altamont will provide contractors engaged in the implementation of this work both written and
verbal instructions of all impact avoidance statements provided below. All heavy equipment will be
kept out of the stream channel during stream bank stabilization and debris removal work No
excavation will be done within the wetted channel area during bank stabilization activities. No
boulder, cobble, gravel, or sediment will be collectedfrom the stream channel to perform
stream bank stabilization work Temporary grass cover shall be planted on all bare soil within 5
days of ground disturbing activities. Provided landowners give permission, herbaceous and woody
shrub and tree vegetation will also be installed on the riverbank upon completion of bank
stabilization work Since all work will be performed in the dry, Altamont does not feel it is
necessary to install check dams or other sediment filtration devices in the stream channel. During
debris removal work, contractors will access debris from the bank on which the debris is
located No heavy equipment will enter the stream channel to access debris. Iflandowners do
not provide access agreements to pick up and haul away debris, the debris on their riverbank
properties will be left undisturbed. Altamont will provide a site manager to periodically inspect
and supervise contractor work to help ensure impact avoidance instructions are beingfollowed

VIII. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

Page 8 of 11

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h20.enr.state.nc. us/ncwetlands/strmgide.html.

1. Provide a brief description of the proposed mitigation plan. The description should provide as
much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of
mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description
of the current site conditions and proposed method of construction. Please attach a separate
sheet if more space is needed.

N/A

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior to
submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h20.enr.state.nc.us/wrp/index.htm. If use of the
NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A

IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes IZI No 0

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP A/SEP A)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes 0 No IZI

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy ofthe NEP A or SEP A final approval letter.
Yes 0 No 0

Page 9 of 11

x. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and ,
Water Supply Buffer Requirements), or other (please identify )?
Yes D No [8J If you answered "yes", provide the following information:

Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.

Zone* Impact Multiplier Required
(square feet) Mitigation
1 3
2 1.5
Total

*

Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.

XI. Stormwater (required by DWQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.

Impervious acreage will not change.
Erosion and sedimentation prevention and control will be maintained throughout this project
primarily through proper water management, construction sequencing, proper staging and
stockpiling of materials, and the maintenance, at all times, of suitable channel capacity for

Page 10 of 11

expected flow events. Equipment, fuels, lubricants, or other potential sources of water pollution
will not be stored in areas that could be flooded during this project.

XII. Sewage Disposal (required by DWQ)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.

Portable facilities shall be provided at the work site.

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 0 No IZI

Is this an after-the-fact permit application?
Yes D No ~

XIV. Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

N/A

Applicant/Agent's Sign re Date
(Agent's signature is valid only' an authorization letter from the applicant is provided.)

--

3 - Z-cC'

Page 11 of 11

YANCEY COUNTY

Michele P. Lawhem, Coune, Manager

John Renfro, Chairman
Dean Hicks, Commissioner
Blaine Whitson, Commissioner

* County Courthouse, Room 11 · Bumsville, North Carolina 28714
PHONE: [phone] · FAX: [phone] · EMAIL: [e-mail]

November 10,2004

Altamont Environmental, Inc.
50 College Street
Asheville, North Carolina 28801

Stu,

At the regular monthly meeting of the Yancey County Board of Commissioners last
evening, the enclosed contract for professional services was executed, relative to EWP
Section 216 work. Pursuant to, or in the spirit ofthe further intent of this contract, this
Yancey County Local Government hereby authorizes Altamont Environmental, Inc. to
sign and execute all necessary permits and coordinate communications with said
regulatory agencies.

If there should be any questions about the above, please feel free to call me at any time.

~elY,

V "~~Whern

Yancey County Manager
Work: 828/682-3971; Cellular 828/284-0746

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EWP Project Area 41
EWP 2005
Yancey County, North Carolina

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50 COLLEGE SlREET. ASHEVILLE. NC 28801
TEL. [phone] FAC.828.281.3351
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Pre-Construction Photographs:
Bank Stabilization Sites A and B
January 26, 2005

ALTAMONT ENVIRONMENTAL, INC.

IENGINEERING & HYDROGEOLOGyl

South Toe River Site 41
Yancey County, North Carolina

50 COLLEGE STREET, AsHEVILLE, NC 28801
TEL. [phone] FAC.828.281.3351
www.altamontenvironmental.com

Bank Stabilization Area C

Figure 5
Pre-Construction Photographs:
Bank Stabilization Site C
January 26, 2005

ALTAMONT ENVIRONMENTAL, INC.

IENGINEERING & HVDROGEOLOGvl

South Toe River Site 41
Yancey County, North Carolina

50 COLLEGE STREET, AsHEVILLE, NC 28801
TEL. [phone] FAC .828.281.3351
www.altamontenvironmental.com

Figure 6
Pre-Construction Photographs:
Typical Non-Native Debris
January 26, 2005

ALTAMONT ENVIRONMENTAL, INC.

ENGINEERING & HYDROGEOLOGyl

South Toe River Site 41
Yancey County, North Carolina

50 COLLEGE STREET, AsHEVILLE, NC 28801
TEL. [phone] FAC .828.281.3351
www.altamontenvironmental.com

Figure 7
Pre-Construction Photographs:
Typical Rocky Debris
January 26, 2005

ALTAMONT ENVIRONMENTAL, INC.

ENGINEERING & HYDROGEOLOGyl

South Toe River Site 41
Yancey County, North Carolina

50 COLLEGE STREET, ASHEVILLE, NC 28801
TEL. [phone] FAC .828.281.3351
www.altamontenvironmental.com

'....;,."

[Fwd: [Fwd: [Fwd: STream Clearing Activities]]]

Subject: [Fwd: [Fwd: [Fwd: STream Clearing Activities]]]
From: Cyndi Karoly <cyndi.karoly@ncmaiLnet>
Date: Wed, 16 Mar 2005 15:58:57 -0500
To: Laurie J Dennison <Laurie.J.Dennison@ncmaiLnet>

fyi - so please note that fees are waived when you create these files - perhaps a
brief handwritten note in the file jacket, or we can add a copy of this ~essage

Subject: [Fwd: [Fwd: STream Clearing Activities]]
From: Tom Reeder <tom.reeder@ncmaiLnet>
Date: Wed, 16 Mar 2005 15:43:18 -0500
, To: Cyndi Karoly <cyndi.karoly@ncmaiLnet>

Cyndi - In answer to your question yesterday it appears that the fees are being
waived for the EWP associated 401s.

Subject: [Fwd: STream Clearing Activities]
From: Alan Klimek <alan.klimek@ncmaiLnet>
Date: Wed, 16 Mar 2005 15:37:40 -0500
To: Tom Reeder <Tom.Reeder@ncmaiLnet>

Yes, the fees are being waived. See attachment.
Alan

-------- Original Message --------
Subject:STream Clearing Activities
Date:Mon, 28 Feb 2005 09:40:08 -0500
From:"Robin W. Smith" <robin.w.smith[a?ncmaiLnet>
Organization:NC DENR
To:Alan Klimek <Alan.Klimek[a?ncmail.net>, Jim Simons <Jim.Simons(a}ncmail.net>,
David Vogel <David. V ogel(a}ncmaiLnet>
CC:Johanna Reese <Johanna.Reese(a}ncmaiLnet>, Nann Guthrie
<Nann. Guthrie(a}ncmail.net>

,]',

';~~
~ll: Attached is an electronic copy of the letter and information sheet
sent to the 19 counties and one town that have contracts with NRCS for
stream clearing projects. Those letters went out over the Secretary's
signature on Friday. We will hand-deliver a memo containing the same
basic information to the mountain area legislators tomorrow. We are
also working with the Governor's Office on a news release; I am not sure
how soon that will go out. Give me a call if you have any questions.
Thanks for working toward getting meetings set up. Robin.

lof2

3/17/20056:46 AM

t., '

[Fwd: [Fwd: [Fwd: STream Clearing Activities]]]

Robin W. Smith <robin.w.smith(a2ncmail.net>
Assistant Secretary of Planning & Policy
Office of the Secretary
NC DENR

[Fwd: [Fwd: STream Clearing Activities]]

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2of2

3/17/20056:46 AM

L j ~ ..

February 25, 2005
Page 1 of2

February 25,2005

RE: Emergency Watershed Protection Stream-Clearing Projects

Dear

I know that County experienced str~am damage as a result of the fall
hurricanes. Our department would like to work closely with your county to insure that
stream restoration projects receiving state and federal funds under the Emergency
Watershed Protection (EWP) program move as smoothly as possible through the
environmental review and permitting process. I have enclosed for your information a
brief summary of the types of permits and approvals that may be required for these
projects. For projects that involve work directly affecting the streambed, the United
States Army Corps of Engineers will be the primary environmental permitting agency.
For those projects, our staff in the Division of Water Quality and the Division of Land
Resources playa supporting role and issue related state approvals.

I have asked our staff to meet with all of the western counties, either individually or in
small groups, to talk about each county's proposed stream restoration projects and answer
your questions about permit requirements. Our staff will ask the Corps of Engineers and
Soil and Water Conservation staff to join in those meetings in an effort to put together a
plan of action for reviewing and approving stream restoration projects as quickly as
possible. You should receive a telephone call from DENR staff soon to talk about a date
and time that would be convenient to meet and talk about your projects.

I have also directed our staff to waive fees for state water quality certifications (under
Section 401 of the Clean Water Act) and for approval of erosion and sedimentation

4.. i , ..

February 25, 2005
Page 2 of2

control plans for stream-clearing projects funded under EWP. Fees will be waived for all
EWP permit s requested by September 1,2005.

I hope these efforts will ease the burden on county governments already challenged by
the demands of reconstruction and recovery. If we can help you in any other way, please
do not hesitate to call. I have asked Assistant Secretary Robin Smith to be a 'primary
contact on these projects for DENR; you can reach Ms. Smith at [phone]. The
enclosed information sheet also provides contact information for DENR staff in both the
Asheville and Winston-Salem Regional Offices and for the Corps of Engineers office in
Asheville.

Sincerely,

William G. Ross, Jr.